Part III.
Texas Youth Commission
Chapter 87.
Treatment
Subchapter A. Program Planning
37 TAC §87.33
The Texas Youth Commission (TYC) adopts an amendment to §87.33,
concerning surveillance and supervision levels in parole home placement, without
changes to the proposed text as published in the November 14, 1997, issue
of the
Texas Register
(22 TexReg 11059).
The justification for amending the section is greater protection for the
public.
The amendment will emphasize the surveillance aspects of the supervision
levels of youth on parole status in the home or in home substitutes.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0811,
which provides the Texas Youth Commission with the authority to develop a
management system for parole services that objectively measures and provides
for the classification of children based on the level of children's needs
and the degree of risk they present to the public.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800847
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 424-6244
37 TAC §87.71
The Texas Youth Commission (TYC) adopts an amendment to §87.71,
concerning emergency mental health admission, without changes to the proposed
text as published in the November 14, 1997, issue of the
Texas Register
(22 TexReg 11060).
The justification for amending the section is a more efficient use of funds.
The amendment will add the local Texas Department of Mental Health and
Mental retardation as an alternative placement resource for emergency psychiatric
care.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.037,
which provides the Texas Youth Commission with the authority to make use of
law enforcement, detention, supervisory, medical, educational, correctional,
and other facilities, institutions, and agencies in the state.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800850
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 424-6244
Subchapter B. Education Programs
37 TAC §§91.41, 91.43, 91.45
The Texas Youth Commission (TYC) adopts amendments to §§91.41,
91.43, and 91.45, concerning education administration, basic education, and
career and technology education, without changes to the proposed text as published
in the December 26, 1997, issue of the
Texas Register
(22 TexReg 12707).
The justification for amending the sections is a more efficient use of
state resources.
The amendments to §91.41 will clarify that youth in TYC operated institutions
who are eighteen or younger will attend school unless they are at least 17
years old and have a GED or high school diploma. A TYC facility may receive
a waiver from TYC administration to operate a school day of less than six
hours but not less than four hours. Each teacher is scheduled for one period
per day for preparation. The amendments to §91.43 requires that youth
be enrolled in Texas Education Agency (TEA) approved or post-secondary courses.
The amendment to §91.45 establishes career and technology education course
requirements.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources
Code, §61.034, which provides the Texas Youth Commission with the authority
to adopt rules for the government of schools, facilities, and programs under
its authority and see that the schools, facilities, and programs are conducted
according to law and to the commission's rules.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801135
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: December 26, 1997
For further information, please call: (512) 424-6244
37 TAC §§91.81, 91.85, 91.91, 91.92, 91.95
The Texas Youth Commission (TYC) adopts amendments to §§91.81,
91.91, and 91.95, concerning medical consent, psychopharmacotherapy, and pregnancy
and abortion; and new §§91.85 and 91.92, concerning medical care
and psychotropic medication-related emergencies, without changes to the proposed
text as published in the November 21, 1997, issue of the
Texas Register
(22 TexReg 11293).
The justification for amending the sections is to provide a more complete
description of medical services to TYC youth.
The adoption of the amendments to §91.81 and §91.91 will clarify
that when psychotropic medication is the required medical intervention in
a life threatening situation, in accordance with specific criteria, the medication
may be given even if the youth cannot or will not give consent. The amendment
§91.95 will provide for pregnancy testing for female youth committed
to TYC and for regular pre-natal and post-natal care for pregnant females.
The new rule §91.85 includes basic standards and policy statements with
regards to basic medical services, general procedural requirements, limitations
of services, and medical discharge. New rule §91.92 will set forth criteria
for administering psychotropic medication in an emergency and establish restrictions
on its use.
No comments were received regarding adoption of the amendments and new
rules.
The amendments and new rules are adopted under the Human Resources
Code, §61.076, which provides the Texas Youth Commission with the authority
to provide any medical or psychiatric treatment that is necessary.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800849
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 21, 1997
For further information, please call: (512) 424-6244
37 TAC §91.85
The Texas Youth Commission (TYC) adopts the repeal of §91.85,
concerning medical care, without changes as published in the November 21,
1997, issue of the
Texas Register
(22 TexReg
11295).
The justification for the repeal is the adoption of an updated rule.
The repeal will allow for the adoption of a new replacement.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800845
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 21, 1997
For further information, please call: (512) 424-6244
Subchapter A. Disciplinary Practices
37 TAC §95.3
The Texas Youth Commission (TYC) adopts an amendment to §95.3,
concerning rules of conduct, contraband and dress, without changes to the
proposed text as published in the November 14, 1997, issue of the
Texas Register
(22 TexReg 11060).
The justification for amending the section is greater protection for the
public.
The amendment will add attempted abscondence as a major violation of the
rules of conduct.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §
61.075, which provides the Texas Youth Commission with the authority to order
the child's confinement under conditions it believes best designed for the
child's welfare and the interests of the public.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800846
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 424-6244
Subchapter A. Security and Control
37 TAC §97.29
The Texas Youth Commission (TYC) adopts an amendment to §97.29,
concerning escape, abscondence and apprehension, without changes to the proposed
text as published in the November 14, 1997, issue of the
Texas Register
(22 TexReg 11061).
The justification for amending the section is greater protection to the
public.
The amendment will define attempted abscondence and allow for TYC staff
to notify appropriate personnel when a youth is seen attempting to leave an
assigned program location.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0811,
which provides the Texas Youth Commission with the authority to develop a
management system for parole services that objectively measures and provides
for the classification of children based on the level of children's needs
and the degree of risk they present to the public.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
20, 1998.
TRD-9800848
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: February 20, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 424-6244
Subchapter B. Special Needs Offender Programs
Chapter 91.
Program Services
Subchapter D. Health Care Services
Chapter 95.
Youth Discipline
Chapter 97.
Secuiryt and Control
Chapter 111.
Contracting for Services other than Youth Services